US Supreme Court Upholds Trump's Deportation Powers Under 1798 Law

Fri Aug 15 2025 17:54:52 GMT+0300 (Eastern European Summer Time)
US Supreme Court Upholds Trump's Deportation Powers Under 1798 Law

The Supreme Court permits Trump's use of a wartime law for expedited deportations, emphasizing due process rights.


The ruling allows deportations while mandating a chance for individuals to legally challenge their removal, deepening the ongoing debate over immigration policies.

In a pivotal ruling, the U.S. Supreme Court has granted President Donald Trump the green light to use the rarely invoked Alien Enemies Act from 1798 to expedite the deportation of alleged gang members, particularly from Venezuela to El Salvador. This decision comes despite a lower court's previous order that had temporarily halted these deportations, citing the need for further examination of the administration's actions under this historic law.

Trump has claimed that those facing deportation are affiliated with the Tren de Aragua gang, accusing them of "conducting irregular warfare" against the United States, which he argues justifies their removal under the wartime statute. The Supreme Court's ruling affirms that while these rapid deportations may proceed, individuals must still receive an opportunity to contest their removal legally. This includes a fair process to seek habeas relief before deportation occurs.

Monday’s unsigned decision highlighted that the matter brought forth by the American Civil Liberties Union (ACLU) was incorrectly filed in a Washington DC court, rather than in Texas where the detainees are located, complicating their ability to challenge their deportation effectively.

Notably, Justice Amy Coney Barrett joined the liberal justices in dissent, cautioning that the administration's approach raises serious concerns about upholding the rule of law. In his reaction, Trump characterized the ruling as a "great day for justice in America," asserting that it bolstered the legitimacy of presidential authority in securing borders and protecting citizens.

Meanwhile, the ACLU viewed the ruling as a significant albeit mixed victory, emphasizing that it reinforces the necessity for due process for deportees under the Alien Enemies Act. The legal basis for invoking this act has been highly controversial, as it was last utilized during World War Two, and the contemporary application raises questions about its constitutionality and relevance in today’s context.

Reports indicate at least 137 individuals have been deported under this law, drawing widespread criticism from human rights groups. Although Trump’s administration maintains that these individuals were rigorously vetted and confirmed as gang members, many deportees reportedly lack criminal records in the U.S., a fact acknowledged by Immigration and Customs Enforcement officials.

Family members of the deported have raised concerns, claiming that innocent individuals have been wrongfully swept up in the enforcement actions, with some asserting that gang affiliation was erroneously assigned based on their tattoos. The Supreme Court's decision overturns an earlier ruling by Judge James Boasberg, which had halted deportations, stating that the government's justification was insufficient.

The implications of this ruling will likely resonate deeply within immigrant communities and among those advocating for broader reforms in U.S. immigration policy, as the landscape continues to evolve under the current administration's policies.

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